James Warren v. United States Department Of The Interior Bureau Of Land Management

724 F.2d 776 James WARREN, Jack Warren, Jerry Warren, Robert Warren and Frieda Warren, Plaintiffs-Appellants, v. The UNITED STATES DEPARTMENT OF the INTERIOR BUREAU OF LAND MANAGEMENT; Nevada Bureau of Land Management; and Does I-X, inclusive, Defendants-Appellees. No. 82-4642. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 13, 1983. Decided Jan. 24, 1984. Robert J. Peyton, Houston & Peyton, Reno, Nev., for plaintiffs-appellants. Al J. Daniel, Jr., U.S. Dept. of Justice, Washington, D.C., for defendants-appellees. Appeal from the United States District Court for the District of Nevada. Before BROWNING, WALLACE, SNEED, ANDERSON, TANG, SKOPIL, SCHROEDER, FARRIS, BOOCHEVER, NORRIS, and REINHARDT, Circuit Judges. SKOPIL, Circuit Judge: 1 The issue presented is whether jurisdictional limitations on tort claims against the federal government encompass regulations promulgated pursuant to the agencies' claims settlement authority. See 28 U.S.C. Secs. 2675 (a) and 2672 (1982). We decide the case en banc to resolve a conflict in our prior decisions. Compare Graves v. United States Coast Guard, 692 F.2d 71 (9th Cir.1982) with House v. Mine Safety Appliances Co.,…